Andreasian v. Melikian

Appellate Division of the Supreme Court of New York

Andreasian v. Melikian

40 A.D.2d 673, 336 N.Y.S.2d 235, 1972 N.Y. App. Div. LEXIS 3823

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 2, 1972

StatusPublished

This text of 40 A.D.2d 673 (Andreasian v. Melikian) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andreasian v. Melikian, 40 A.D.2d 673, 336 N.Y.S.2d 235, 1972 N.Y. App. Div. LEXIS 3823 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action for rescission of contract and restitution of moneys paid thereunder, plaintiffs appeal from an order of the Supreme Court, Queens County, entered May 16, 1972, which denied their motion (1) to vacate a judgment of said court entered January 28, 1972 upon their default in proceeding to trial and (2) to restore the case to the Trial Calendar. Order reversed, in the exercise of discretion, without costs other than those mentioned below, and motion granted, upon condition that, within 10 days after service of the order to be entered hereon, plaintiffs’ attorneys pay defendant $100; otherwise, order affirmed, with costs. We have concluded that under the facts presented in this case, including the circumstances leading to the failure of plaintiffs’ counsel to proceed to trial and the onerous consequences of the dismissal to plaintiffs and their attorneys, this case should be restored to the calendar for trial upon the condition stated hereinabove. Martuscello, Acting P. J., .Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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In an action for rescission of contract and restitution of moneys paid thereunder, plaintiffs appeal from an order of the Supreme Court, Queens County, entered May 16, 1972, which denied their motion (1) to vacate a judgment of said court entered January 28, 1972 upon their default in proceeding to trial and (2) to restore the case to the Trial Calendar. Order reversed, in the exercise of discretion, without costs other than those mentioned below, and motion granted, upon condition that, within 10 days after service of the order to be entered hereon, plaintiffs’ attorneys pay defendant $100; otherwise, order affirmed, with costs. We have concluded that under the facts presented in this case, including the circumstances leading to the failure of plaintiffs’ counsel to proceed to trial and the onerous consequences of the dismissal to plaintiffs and their attorneys, this case should be restored to the calendar for trial upon the condition stated hereinabove. Martuscello, Acting P. J., .Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 673, 336 N.Y.S.2d 235, 1972 N.Y. App. Div. LEXIS 3823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andreasian-v-melikian-nyappdiv-1972.